How to get Consent to Operate from Pollution Control Board in Kerala?

As per the Water Act 1974 and Air Act 1981, it is mandatory to obtain Consent to Operate (CTO) from Kerala State Pollution Control Board prior to commencement of the production activities. The process for obtaining consent to operate involves making an application in a prescribed format to Kerala State Pollution Control Board along with required documents and scrutiny fees.

Documents Required

The following are the documents required for Consent to Operate from Pollution Control Board in Kerala.

• Site plan showing residences, water bodies, roads and structures within 100 meters radius (200 meters for crusher industry).

• Affidavit in TNR 200 stamp paper or chartered accountant's certificate as evidence on gross fixed capital investment. (The gross fixed capital investment shall include the cost of land, buildings, plant, machinery, etc. without depreciation up to the date of application. If the land is on lease 5 times of the annual lease amount shall be taken as cost of land.) Registered lease agreement shall be attached.

• Layout plan showing the location of the effluent treatment plant, outlets, and emission sources, in A3/A4 size.

• Process flow diagram and proposal for effluent treatment plant with design details.

• Details of water and air pollution control measures proposed.

• Details of solid waste management (HW, BMW, etc).

• Copy of land tax receipt and/or Possession Certificate.

Apply Online for Consent to Operate

Follow the below steps to apply online for Consent to Operate from Pollution Control Board in Kerala.

• Register in KSWIFT website. Kerala Single Window Interface for Fast and Transparent (KSWIFT) is the platform for all transactions with the Government of Kerala on the issue of granting licenses and approvals in a time-bound manner. KSWIFT is expected to reduce the physical touchpoints in the entire clearance process, thereby making the entire process more efficient and effective.

• Once registered, login to KSWIFT website.

• Click on New Project to enter details about your enterprise

• Fill the questionnaire on a proposed enterprise

• List of approvals required will be displayed

• Fill the Common Application Form

• Upload Supporting Documents

• You have to make the required fee for the processing of your application

• The processing of the application will be done by relevant departments/agencies.

• Approvals will be issued by departments/agencies after due verification.

Inspection Process

Pre-Inspection

• Scrutiny shall be conducted of the documents submitted by the applicant in terms of completeness and correctness of the information furnished with respect to the type of industry.

• The Environmental Engineer shall raise inspection activity in OCMMS and assign the file to the concerned inspecting Officer.

• The inspecting officer shall collect background information and previous compliance history (if available) of the applicant. This will enable the inspecting Officer to be familiar with the nature of operations of the industry and note down specific areas that may require more detailed investigation or verification during the inspection process.

  • The inspector shall obtain the following information about the industry Location of the industry.

  • Location of the industry.

  • Past consents issued to the industry.

  • Previous inspection reports.

  • Notices issued to the industry for non-compliance and track record of the industry with respect to carrying out orders from the Department.

  • Line of activity of the industry.

  • The manufacturing process of the industry.

Inspection

• At the beginning of the inspection, the inspecting officer shall locate the occupier / his representative/person in charge of the industry and inform the purpose of the proposed inspection. The occupier of the industry shall extend all possible help to the inspecting official and shall apprise him of all the activities pertaining to the industry/establishment.

• The inspecting officer inspector shall inspect the following.

  • The correctness of the details mentioned in the application with regard to the location and boundaries of the site.

  • Effluent generating sources and control systems.

  • Effluent collection, treatment, and disposal areas.

  • Sources of air pollution and control systems.

  • Sources of solid and hazardous wastes generation, storage and disposal methods

  • Operation and maintenance records of the effluent treatment plant.

  • Operation and maintenance records of equipment installed to control air and noise pollution.

  • The inspecting officer shall verify the records of the establishment with regard to production capacity, control mechanisms have taken to keep water and air pollution within permissible levels and mechanism for management of solid wastes.

• The inspecting officer may seek information/clarifications or documentary evidence from the representative or occupier to ascertain the correctness of the application.

• If any representative/occupier of the industry willfully delays or obstructs the inspecting officer in carrying out an inspection, the same shall be recorded in the inspection report for taking further necessary action in the matter.

• At the end of the inspection, the inspecting officer may inform the representative of the industry about apparent non-compliance observed during the inspection so that the industry may initiate necessary corrective action wherever required.

Post Inspection

• The inspection report should be submitted within 5 days (excluding holidays)of completion of the inspection.

• A brief description shall be given and observations of the inspection should be included as a detailed report which shall be attached along with the above description while closing inspection.

• Noncompliance areas should be listed in the report along with additional measures that need to be taken by the applicant to ensure compliance.

• The Environmental Engineer based on the inspection report shall dispose of the application (grant or refuse consent) or forward the online file to the Regional Office or Head Office if District Officer is not the consent issuing Authority.

Application Status

The application status for consent to operate from Pollution Control Board in Kerala can be tracked through K-Swift website.

Time Required

The time required for consent to operate from Pollution Control Board in Kerala is a minimum of 30 days and up to a maximum of 120 days.